FIRPTA Clauses: Contract for Real Property
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FAQ
When a foreign transferor realizes zero financial gain on the transfer U.S. real property, you will be exempt from FIRPTA withholding taxes. While this is not necessarily common, it allows U.S. persons to avoid FIRPTA withholding taxes when purchasing a property from foreign persons or corporations.
If you plan to purchase property from a foreign person or corporation and want to avoid FIRPTA withholding taxes, you can apply for a withholding certificate from the IRS. The IRS only grants withholding certificates in certain situations, and applying for a certificate does not guarantee you will be granted one.
FIRPTA defines a foreign seller as a non-resident alien individual, a foreign corporation not treated as a domestic corporation, or a foreign partnership, trust or estate.
So long as the buyer has no actual knowledge that the seller is making a false statement regarding his or her status, or has not received any notice to the contrary, the buyer can rely on the FIRPTA affidavit signed at closing and will not be subject to any taxes or penalties.
FIRPTA is a tax law that imposes U.S. income tax on foreign persons selling U.S. real estate. Under FIRPTA, if you buy U.S. real estate from a foreign person, you may be required to withhold 10% of the amount realized from the sale. The amount realized is normally the purchase price.
The disposition of a U.S. real property interest by a foreign person (the transferor) is subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests.
Buyers (transferees), who are generally the withholding agents, must use Forms 8288 and 8288-A to report and pay to the IRS any tax withheld on the acquisition of U.S. real property interests from foreign persons.
FIRPTA is a tax law that imposes U.S. income tax on foreign persons selling U.S. real estate. Under FIRPTA, if you buy U.S. real estate from a foreign person, you may be required to withhold 10% of the amount realized from the sale. The amount realized is normally the purchase price.
